20161021 TZHC Mbeya

20161021 TZHC Mbeya

The applicant failed to act diligently and did not provide sufficient cause for the delay. The matter had already been determined in a previous application, making this application res judicata and an abuse of process.

Citation
20161021 TZHC Mbeya
Parties
Applicant: Asiieri Mbogela; Respondent: Samson Ngelengelania
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 October 2016
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Res Judicata, Appeals
Source Language
English
Civil Procedure Extension of Time Res Judicata Appeals

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Parties

Asiieri Mbogela

Applicant

Samson Ngelengelania

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an appeal
  2. 2 Whether the application is barred by res judicata

Ratio Decidendi

The applicant failed to act diligently and did not provide sufficient cause for the delay. The matter had already been determined in a previous application, making this application res judicata and an abuse of process.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicant to pay costs of the application